Uses Permitted with a Special Permit
San Diego Municipal Code § 159.0211
in effect§159.0211 Uses Permitted with a Special Permit
(a) A Special Use Permit (SUP), as described in Section 159.0210, is required for any of the following projects:
(b) Heritage Structure Preservation and Re-use
Any Heritage structure in Zones 1, 2, 3, 4 and 5 only, proposed for preservation and re-use not consistent with the Land Use and Density requirements of the La Jolla Planned District Ordinance, shall comply with all of the following standards:
(1) The structure shall be evaluated by the Historical Resources Board which shall make a finding that the structure is worthy of preservation if one or more of the following appropriate findings can be made that:
(A) The structure is part of a historical event or personage in the development of the region.
(B) The structure is architecturally significant in that it exemplifies a specific architect, architectural style, or period of development.
(C) The structure is architecturally unique and worthy of preservation.
(D) The structure is an integral part of a neighborhood development style, and an important "part of the scene" of urban development.
(2) The project site and structure's rehabilitation proposals shall be reviewed by the Historical Resources Board for consistency with the building's and project site's design and historical conservation elements.
(3) The use and development regulations of the La Jolla Planned District shall apply except as follows:
(A) The project may be exempt from the permitted uses and density requirements of the La Jolla Planned District Ordinance, provided it can be proven that it is economically imperative to provide relief from such land use requirements. A Hearing Officer may approve, conditionally approve or deny, in accordance with Process Three. The Hearing Officer's decision may be appealed to the Planning Commission in accordance with Land Development Code Section 112.0506. The Hearing Officer may approve or conditionally approve the exemption if a finding can be made that the use and density will not negatively impact surrounding properties and the neighborhood, and will be consistent with the community plan.
(B) The project may be exempted from the standard parking requirements consistent with Section 159.0404 of the La Jolla Planned District Ordinance.
(C) Landscaping, planting and vegetation standards shall be consistent with the applicable development regulations of the La Jolla Planned District Ordinance, except when these standards conflict with heritage structure preservation or existing matured vegetation on site. The new landscaping proposed shall compliment the existing vegetation and landscape design. The Historical Resources Board recommendations shall be considered in the City Manager's decision.
(c) Existing Cultural Use within Zone 6 Demolition
A Hearing Officer may approve, conditionally approve or deny, in accordance with Process Three, a Special Use Permit for the demolition, alteration, reconstruction or other change of any portion of an Existing Cultural Use within Zone 6. The permit may be approved or conditionally approved only upon the specific finding that such demolition, alteration, reconstruction or change is being made in conjunction with a permitted addition, enlargement, restoration or rearrangement of a permitted cultural use within Zone 6.
(d) Hotel/Motel Development (Including Timeshares)
Hotel and motel and timeshare development may be permitted in Zones 1, 2 and 3 only, subject to a Special Use Permit if all the following findings can be made:
(1) The proposed project complies with all applicable use and development regulations contained in the La Jolla Planned District.
(2) The proposal consists of redevelopment of an existing hotel site, and/or additions to an existing hotel, and such additions do not exceed 30 percent of the existing hotel size, and number of rooms, or 20 guest units whichever is greater. Where the proposal consists of a new development, the maximum den density does not exceed 60 guest units per acre nor will the additional rooms cause the total number of new rooms in the Zone to exceed the amount indicated in Table 159-02A.
(e) Outdoor Sales and Displays and Storage Regulations in Zones 1, 2, 3 And 4 Only
(1) The following listed merchandise sold on the premises may be displayed outdoors during hours of business operation without screening walls or fences except along property lines abutting residentially-zoned lots:
(A) Flowers and plants
(B) Food products
(C) Handcrafted products and goods
(D) Artwork and pottery
(E) Any other merchandise which the City Manager may find to be similar in character, type or nature to the merchandise listed in this Paragraph and which will not cause an adverse visual impact on the neighborhood.
(2) All other merchandise sold on the premises may be displayed outdoors during hours of operation provided that the display area is enclosed by walls, fences, buildings or landscape screening or a combination thereof.
(3) All walls and fences required in 159.0211(e)(2) shall be a minimum of six feet in height except along the street frontage, where height may vary. Walls and fences shall be constructed and maintained with not less than 50 percent of the surface area impervious to light. The location, materials and design of required walls and fences shall be subject to approval by the City Manager. The approval of the City Manager shall be based upon the similarity of architectural design and appearance of the wall or fence to existing buildings on the premises or to buildings being constructed concurrently on the premises. Such walls or fences shall be maintained in accordance with Land Development Code Chapter 14, Article 2, Division 3 (Fence Regulations).
(4) When landscape screening is used to enclose areas used for outdoor display or storage, a three-foot high solid (at time of planting) landscape screening proposal shall be submitted to the City Manager for review and approval. The landscape screening shall be developed in conformance with Land Development Code Chapter 14, Article 2, Division 4 (Landscape Regulations).
(5) Outdoor sales and displays are not permitted in Zone 5.
(f) Fast Food Restaurants in Zones 1, 2, 3 and 4 Only
Fast food restaurants may be permitted only if the following standards are met:
(1) The proposal shall include indoor or outdoor seating areas with refuse collection receptacles.
(2) The establishment shall maintain the premises and the immediate vicinity (at least to the first street intersection in both directions) clear of litter.
(3) Food to take out shall be restricted to minimum packaging and shall include a container or paper sack in which the refuse can be collected to be thrown away.
(4) Fumes and odors shall be contained within the cooking areas and shall not be allowed to spread beyond the property line.
(5) Hours of operation shall be limited to daylight hours and until 12:00 Midnight or earlier as established by the City Manager at the public hearing.
(6) The proposal shall comply with all applicable development regulations.
(7) Any drive-thru facility in connection with a fast food restaurant shall comply with all the requirements of Section 159.0211(g) (Drive-thru Facilities).
(8) Fast food restaurants are not permitted in Zone 5 or Zone 6.
(g) Drive-thru Facilities
(1) Drive-thru facilities are not permitted in Zone 1, Zone 5 or Zone 6.
(2) Drive-thru facilities may be permitted in Zone 2 (Herschel), in Zone 3 (Fay Avenue), and Zone 4 (Pearl/ La Jolla Boulevard) subject to all the following conditions:
(A) The drive-thru area shall be paved with patterned paving consistent with Appendix B and D of the La Jolla Planned District.
(B) Auto/pedestrian circulation conflicts shall be minimized. A drive-thru shall not be located along areas of a high pedestrian use.
(C) The drive-thru area shall be buffered with a 10-foot-wide and a minimum of 3-foot-high vegetated strip from adjacent pedestrian sidewalk areas.
(D) Parking areas abutting the drive-thru area shall have 10-foot-wide and a minimum 3-foot-high at time of planting vegetated buffer adjacent to the public right-of-way (sidewalks). Ten percent of the parking area shall be landscaped with broad tall trees that provide shade areas (See Appendix B).
(h) Joint Use Parking Facilities
Joint use parking facilities may be permitted by Special Use Permit, provided all of the following requirements are met:
(1) There are adequate parking spaces to service the proposed uses. Multiple use of parking spaces may be permitted provided it can be proven that their individual parking needs are not in conflict.
(2) Joint parking facilities shall be located within a quarter-mile radius of the project site.
(3) A La Jolla Planned District Joint Use Parking Agreement Application is submitted to the Planning Director.
(i) Above Ground Parking Structures
Above ground parking structures may be permitted consistent with the zone restrictions contained in Section 159.0302(d)(2), by Special Use Permit only, provided the building or structure does not exceed a floor area ratio of 2.5 and the following conditions are met:
(1) There shall be a demonstrable community need for the additional parking proposed, based on parking and marketing studies submitted at the time of project review.
(2) The structure is compatible in materials, colors, and architectural features to the character of the surrounding development, particularly adjacent structures.
(3) A minimum of 20 feet of depth from the street frontage at the structure, excepting only the portion required for driveways and pedestrian access, is utilized for community serving retail establishments and other establishments that provide auto oriented goods and services.
(4) An eight-foot-wide vegetated area is provided between any noncommercial street frontages of the structure and the sidewalk. Use of large screening trees and vines to cover wall surface areas shall be required. (See Appendix B.)
(5) All parking levels are enclosed on all sides with solid walls of at least 42 inches above the floor.
(6) Lighting fixtures utilizing exposed lamps of any kind are placed so that they are not visible from outside the building.
(j) In Lieu Fee Parking Provisions
An in lieu fee program for the provision of parking may be added to the La Jolla Planned District Ordinance at a future date. The incorporation of this program will be subject to the future approval by City Council of an implementation and funding program for parking in the La Jolla Planned District area. The option of using this program in lieu of the required parking shall not be available until the program is established at a future date.
(k) Transit Fees in Lieu Provisions
An in lieu fee program for the provision of additional public transit, may be added to the La Jolla Planned District Ordinance at a future date. The incorporation of this program will be subject to the future approval by City Council of an implementation and funding program for provision of additional public transportation opportunities within the La Jolla Planned District area. The option of using this program in lieu of the required parking shall not be available until the program is established at a future date.
(l) In Lieu Streetscape Improvement Fees
An in lieu fee program for the improvement of the pedestrian spaces on public right-of-way may be incorporated into the La Jolla Planned District Ordinance at a future date. The incorporation of this program will be subject to future approval by City Council of an implementation and funding program for landscaping and ornamental lighting for the La Jolla Planned District area. The option of using this program in lieu of required landscaping will not be available until the program is established at a future date.
(m) Other Uses Permitted under a Special Use Permit
Private clubs, fraternal organizations and lodges, churches, civic buildings, public and private libraries, schools, museums and other uses allowable under Conditional Use Permits in other commercial and residential zones of the City, as identified in Section 151.0401, and any other discretionary permits issued by the City Manager shall be permitted subject to the processing of a Special Use Permit under the terms of Section 159.0211. The use and development regulations of the Land Development Code Chapter 14, Article 1, Division 1 (Separately Regulated Use Regulations) shall apply and be supplemented and superseded by any applicable use and development regulations of the La Jolla Planned District.
(n) Cultural Zone -- Transfer of Development Rights Program
A Transfer of Development Rights Program to be applied to the cultural uses within the Cultural Zone shall be incorporated into the La Jolla Planned District Ordinance by June 30, 1987. The program shall be designed to give the cultural institutional uses an equivalent value to their present maximum residential permitted use of 29 du/ac, in exchange for the perpetual restriction of residential redevelopment on these sites. The incorporation of a specific Transfer of Development Rights (TDR) implementation program shall be the subject of future approval by the City Council. Approval of such TDR program shall take place within the specified period, but no later than June 30, 1987.
(“Uses Permitted with a Special Permit” added 3-27-2007 by O-19595 N.S.; effective 4-26-2007.)
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter15/Ch15Art09Division02.pdf#page=9Fetched: 10/28/2026